Overview

M. Scott McDonald has represented clients in all areas of employment and labor law for more than 20 years. He focuses specifically on:

  • Employment contracts
  • Wrongful termination litigation
  • Unfair competition disputes and trade secret protection

Among his notable successes, Scott secured injunctions enforcing non-compete agreements in three consecutive cases involving quantitative analysts in the high frequency trading industry. He led teams in complex multi-jurisdictional disputes that resulted in the protection of millions of dollars of intellectual property. He has served as counsel for amicus curiae that successfully pursued arguments for the use of a new non-compete test and partial reversal of the Texas Supreme Court's interpretation of Texas law on non-compete agreements. In another precedent setting matter, he helped design a creative trade secret protection argument that established a new test for pre-lawsuit deposition actions in Texas.

Scott's practice involves, among others, a concentration of clients in the following industries:

  • Transportation
  • Finance
  • Technology
  • Manufacturing

Scott has written and contributed to numerous books and articles on employment law. He has been relied upon as a commentator on employment law subjects by both local and national media. He is a frequent speaker at employment law seminars, and has served as a guest lecturer at local universities and colleges.

In law school, Scott was chief note editor for The Review of Litigation.

Professional & Community Affiliations

Member

Dallas Bar Foundation

Former Chair

Labor and Employment Law Section

Dallas Bar Association

2000

Member

Texas State Employee Relations Committee

Texas Association of Business

Member

Advisory Committee

Metro Dallas YMCA Human Resources

Member

American Law Institute

Recognition

Named, The Best Lawyers in America®

2006-2024

Named, Lawyer of the Year

Employment Law - Management, Dallas/Fort Worth

The Best Lawyers in America©

2013, 2021

Named, Lawyer of the Year

Labor Law - Management, Dallas/Fort Worth

The Best Lawyers in America©

2015, 2017

Named, International Who's Who of Management Labour and Employment Lawyers

Who's Who Legal

2012 and 2013

Ranked, Labor & Employment

Chambers USA

2005-2010, 2012-2023

Named, BTI's Client Service All-Star Team

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, 500 Leading Corporate Employment Lawyers

Lawdragon

2020-2024

Selected

American Law Institute

2010

News, Analysis & Press

Noncompete EO Will Have Little Immediate Impact on Workers

Law360 Employment Authority

July 9, 2021

Workforce Q&A

Texas Business Report

May 1, 2016

Scott McDonald Discusses Recent Noncompete Agreement Ruling

Dallas Morning News

November 19, 2006

Scott McDonald Chimes in on Texas' Proposition 2 Debate

Dallas Business Journal

October 21, 2005

Books & Book Chapters

  • Texas Employment Law Handbook, Texas Association of Business, Chapter Editor and Contributing Author, 2004-2013
  • Drafting and Enforcing Covenants Not to Compete, Bloomberg BNA, McDonald & Lichty, 2009
  • Employment Arbitration Agreements: A Practical Guide, Aspen Publishers, 2009
  • Tortious Interference, Bloomberg BNA, 2003-present
  • Covenants Not to Compete: State-by-State Survey, Bloomberg BNA, 1996-present
  • Employee Duty of Loyalty, Bloomberg BNA, 1996-present
  • Trade Secrets: A State-by-State Survey, Bloomberg BNA, 1996-present

Speaking Engagements

2023 Dallas Regional Employer Conference

Dallas, TX

August 3, 2023

Seven Key Developments and Recommendations Affecting Your Restrictive Covenant Agreements and Unfair Competition Strategy

The 2017 Executive Employer® Conference

May 11, 2017

The New Federal Trade Secret Legislation: Learn What You Need To Do Under The Act

May 19, 2016

Noncompetes & Trade Secret Protection: An In-House Counsel’s Guide to a Big Year of Change

Houston, TX

April 8, 2015

Noncompetes & Trade Secret Protection: An In-House Counsel’s Guide to A Big Year of Change

Dallas, TX

February 11, 2015

Education

  • J.D., University of Texas School of Law, 1987
  • B.A., University of Texas, El Paso, 1984

Bar Admission

Texas

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • Texas Supreme Court
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Northern District of Oklahoma